Judgment : Banerjee, J. : This matter was mentioned Yesterday in our Residence but as all the Parties could not be contacted we refused to hear out the matter at our residence. We decided to take up this matter in the Court as a very emergent situation has arisen and as a special case we decided to sit in the Court even on Sunday morning. Today's match is going to start at 9 O'clock and we are passing this order practically at 9 O'clock. We sat in the Court at 8 A.M. and after hearing the learned Counsels for the respect parties we make it clear that in case any of the parties is aggrieved by the order already made by us on November 12, 1993, it is for them to take up the matter in appropriate forum in accordance with law. They have, however, given us to understand that none of the parties is inclined to go higher up against the order dated 12th November, 1993. Certain clarification of that order are necessary in the changed situation. So far as this Court is concerned, this Court is very much anxious to see that the order already passed has to be implemented and the live telecast of the matches has to be made and the millions of viewers may not suffer for any inhibition on the part of individual. It appears to us after the hearing of the learned Counsels for the parties that some small snags and certain misunderstandings between the parties have arisen for which it is brought to the notice of this Court that cannot be telecast of the matches. The first thing, standing in the way as it appears to us is that the placement of cameras. According to Doordarshan authorities they are not given suitable place for the purpose of placing their cameras to telecast the matches. Mr. Roy, appearing on behalf of the Cricket Association of Bengal on the other hand submitted unequivocally that CAB is not going to oppose Doordarshan in placing the cameras but the dispute has arisen as to the signalling to be made for telecast. According to Mr.
Mr. Roy, appearing on behalf of the Cricket Association of Bengal on the other hand submitted unequivocally that CAB is not going to oppose Doordarshan in placing the cameras but the dispute has arisen as to the signalling to be made for telecast. According to Mr. Das, learned counsel appearing on behalf of the appellant submits that there could be only one signalling from one field and accordingly, Doordarshan, in terms of our earlier order should be treated as Host Broadcasters and the TWI should take signalling from them. This position was opposed by Mr. Roy, learned Counsel on behalf of the CAB stating that Doordarshan has been given exclusive right as the Host Broadcasters, so far as telecasting of matches in India, but for abroad it should be done by TWI. 2. We make it clear however, that Doordarshan will have the exclusive, right of signalling for the purpose of telecasting within the country and they are to be treated as Host Broadcasters so far as India is concerned. 3. We are also making it clear that TWI, if authorised and permitted in terms of our earlier order is entitled to telecast outside the country and to send their signal accordingly. 4. This was the spirit of our earlier order passed on November 12, 1993. 5. But it is necessary to clarify in order to remove Certain confusion that has been created in this behalf. It is also make clear that in case the signalling is required to be made by TWI separately such necessary permission should be given by the Doordarshan and or other competent authorities. 6.
5. But it is necessary to clarify in order to remove Certain confusion that has been created in this behalf. It is also make clear that in case the signalling is required to be made by TWI separately such necessary permission should be given by the Doordarshan and or other competent authorities. 6. So far as placement of cameras are concerned Doordarshan shall have first priority and that in this regard it is desirably that all such disputes should be resolved by the cricket organising authorities, and Doordarshan authorities and for the purpose of resolving such small and/or unsignificant disputes which may stand in the way in implementing our order dated 12.11.1993, we direct that if any such dispute arises between the cricket organising authorities and Doordarshan authorities in that event the Head of Police Administration of the place where the match will be played, he or his representative will sit with the cricket organising authority and the Doordarshan authority and render such necessary help and three authorities sitting together will decide and will take effective steps so that under no circumstance telecast is prevented. If they cannot resolve the dispute, the parties are given liberty to immediately approaching the court for necessary directions, but telecasting should not be stopped. 7. So far as release of the equipment is concerned brought by TWI and detained by the customs authorities in Bombay, we direct, the Customs authorities to release these equipments forthwith, which was temporarily imported for transmission of one day matches of the Hero Cup Tournament as part of the Diamond Jubillee Celebrations upon an undertaking and on condition that the said authorities shall not use the said equipments for any other purpose except the purpose for transmission of the one day matches and that they shall not deal with or disposs of the said equipments nor they will remove them outside the country without the leave of this Court. 8.
8. It is expected that the authorities concerned will take immediate steps for covering up today's match being played at Bombay even the second half or any part thereof and for that purpose Doordarshan authorities are authorised by us to place their cameras as they like and the Cricket Club of India authorities are also directed to fully cooperate and give all necessary assistance and access for the purpose of placing of cameras and obtaining electrical connections and other facilities required for the purpose of discharging their durite which are necessary for the purpose of smooth telecast of the matches. 9. Before we part, we place it on record our anxieties keeping in mind the interest of millions of the viewers in this country and abroad that the telecast of the matches, and all parties will work with a spirit of co-operation and in the interest of sports and shall not act in any manner whatsoever to defeat the very purpose and object for which we have passed our orders. 10. The customs authorities are directed to release the equipments of TWI seized by them immediately on communication of this order. 11. If there is any difficulty on the part of Videsh Sanchar Nigam regarding their claim in this regard leave is given to them to refer this matter to this Court, but they will take proper step for uplinking and they will not take any step contrary to defect the purpose of telecast. All financial committees of TWI to VSNL should be compled with prejudice. 12. Necuing frequency and other technical required for uplinking may be provided to VSNL & all competant authorities. 13. All parties shall discharge their respective duties. Let a plain copy of this order counter-signed by any officer of this Court be handed over to the learned Advocates for both the sides on observing usual formalities. Chatterji, J. : I agree.